PD_Dec2002
06-02 08:35 PM
My interpretation of:
40 (2) PENDING AND APPROVED PETITIONS AND APPLICATIONS.�Petitions
41 for an employment-based visa filed for classification under
42 section 203(b)(1), (2), or (3) of the Immigration and Nationality
43 Act (as such provisions existed prior to the enactment of this
44 section) that were filed prior to the date of the introduction of
265
1 the and [I]were pending or approved at the
2 time of the effective date of this section, shall be treated as if
3 such provision remained effective and an approved petition may
4 serve as the basis for issuance of an immigrant visa. Aliens with
5 applications for a labor certification pursuant to section
6 212(a)(5)(A) of the Immigration and Nationality Act shall
7 preserve the immigrant visa priority date accorded by the date
8 of filing of such labor certification application.
IMHO, the terms "pending" and "approved" are applicable only to I-140's filed before the date of introduction [May 15th 2007]. This is because there is no comma between the two terms "pending, or approved". This leads to only two scenarios:
1. I-140 applied before May 15th 2007, but is still pending as of the effective date [which could be Oct 1st 2008].
2. I-140 applied before May 15th 2007, and is approved as of the effective date [which could be Oct 1st 2008].
Only the two scenarios above are eligible to continue/file under the old system.
Thanks,
Jayant
40 (2) PENDING AND APPROVED PETITIONS AND APPLICATIONS.�Petitions
41 for an employment-based visa filed for classification under
42 section 203(b)(1), (2), or (3) of the Immigration and Nationality
43 Act (as such provisions existed prior to the enactment of this
44 section) that were filed prior to the date of the introduction of
265
1 the and [I]were pending or approved at the
2 time of the effective date of this section, shall be treated as if
3 such provision remained effective and an approved petition may
4 serve as the basis for issuance of an immigrant visa. Aliens with
5 applications for a labor certification pursuant to section
6 212(a)(5)(A) of the Immigration and Nationality Act shall
7 preserve the immigrant visa priority date accorded by the date
8 of filing of such labor certification application.
IMHO, the terms "pending" and "approved" are applicable only to I-140's filed before the date of introduction [May 15th 2007]. This is because there is no comma between the two terms "pending, or approved". This leads to only two scenarios:
1. I-140 applied before May 15th 2007, but is still pending as of the effective date [which could be Oct 1st 2008].
2. I-140 applied before May 15th 2007, and is approved as of the effective date [which could be Oct 1st 2008].
Only the two scenarios above are eligible to continue/file under the old system.
Thanks,
Jayant
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buddyinus
08-11 05:11 PM
SriKondoji & I both being from the NE area we communicated through this thread possibility of car polling for DC and I received a call from him last thursday(Aug 9th) regarding this from some Ohio area code. So buddyinus I can at least assure you he was travelling at that time.
Receiving a call from Ohio Area Code dozn't mean that hez in Ohio. Wake up. Anyway, my point is...We've seen a lot of this guy...Dont trust him. He mislead ppl on the other thread and ppl started booing him. But he was goin on and on and on...I just realised he was the one to start this thread too...Its already 6 days since Monday and this thread is still alive. Doz he even have any decency to acknowledge his mistakes. Admins...When somebody reads something like "June end and July 2nd filers receipts by monday" on ur homepage they get excited. Bottom line is, its misleading. The "Monday" is already gone and nobody knows when USCIS will process July 2nd receipts. Pls delete this thread. SriKondoji is notorious for spreading false rumours.
Receiving a call from Ohio Area Code dozn't mean that hez in Ohio. Wake up. Anyway, my point is...We've seen a lot of this guy...Dont trust him. He mislead ppl on the other thread and ppl started booing him. But he was goin on and on and on...I just realised he was the one to start this thread too...Its already 6 days since Monday and this thread is still alive. Doz he even have any decency to acknowledge his mistakes. Admins...When somebody reads something like "June end and July 2nd filers receipts by monday" on ur homepage they get excited. Bottom line is, its misleading. The "Monday" is already gone and nobody knows when USCIS will process July 2nd receipts. Pls delete this thread. SriKondoji is notorious for spreading false rumours.
vsbalaji
07-14 09:43 PM
It's so easy if you have a bank that offers free bill pay.
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ndbhatt
02-24 08:30 AM
If one can handle stress, anxiety and trauma while waiting for GC, then its worth waiting. If not, people like me start looking at options. I applied for Canadian PR in 2008 and just did CDN landing last week which gave my family feel of "cold weather".
I will be completing my 5 years stay in USA this spring. Same story here - I never visited my home country since there is a lot of uncertainty around getting back.
We are 100% sure that we don't want to continue living in USA. Now its matter of time, until summer 2010, that we move on. Just not sure yet - whether it is my home country or Canada. If I get a job back home in India, I would love to do that. From what I have heard from friends, and from recruiters response, in home country, I think economy is picking up. I hope to get some decent job offer based on my unique job profile; if it doesn't work, we will move on to Canada.
Bhattji
I will be completing my 5 years stay in USA this spring. Same story here - I never visited my home country since there is a lot of uncertainty around getting back.
We are 100% sure that we don't want to continue living in USA. Now its matter of time, until summer 2010, that we move on. Just not sure yet - whether it is my home country or Canada. If I get a job back home in India, I would love to do that. From what I have heard from friends, and from recruiters response, in home country, I think economy is picking up. I hope to get some decent job offer based on my unique job profile; if it doesn't work, we will move on to Canada.
Bhattji
more...
mpadapa
07-11 08:40 AM
Great news for EB2 folks.
If EB2-I moves to June 2006 then EB2 C will almost be in the same or better position. So June 2007 bulletin folks aka EB2-C (Jan 2006) will be the main beneficiary. EB2 I folks who are lucky with RD before the current processing dates (mid July) can expect surprise mails. Good luck
If EB2-I moves to June 2006 then EB2 C will almost be in the same or better position. So June 2007 bulletin folks aka EB2-C (Jan 2006) will be the main beneficiary. EB2 I folks who are lucky with RD before the current processing dates (mid July) can expect surprise mails. Good luck
h1techSlave
08-18 10:29 AM
I also wanted to send the letter, but saw a ton of comments on the original letter. It would be a good idea, if some one goes thru the comments and update the letter in the original post. I think we should all send a decent letter.
grupak/mirage/pani6
i support your efforts and have printed out and sent letters to the people mentioned. Momentum for release of information should build up even if we have 50-100 letters from affected people...otherwise people won't know of EB-3 IND's plight.
I suppose we should followup with phone calls in 15 days to cement our request. We should have a poll on who all has sent the letter and made the call.
grupak/mirage/pani6
i support your efforts and have printed out and sent letters to the people mentioned. Momentum for release of information should build up even if we have 50-100 letters from affected people...otherwise people won't know of EB-3 IND's plight.
I suppose we should followup with phone calls in 15 days to cement our request. We should have a poll on who all has sent the letter and made the call.
more...
kiran24
08-03 10:55 PM
There is a conference call going on at SoCal IV forum Bbetween 8:00 P.M to 8:30 P.M. Please join the call if you are interested in attending a SoCal IV organized booth at an event in Southern CA.
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lskreddy
04-30 03:01 PM
Mr. Aytes talked about procedural changes that they undertook which moved them away from First in, first out. They are now approving petitions (not just adjustments -485's) which would have an opportunity to immigrate sooner, like a person from ROW.
No wonder my 140 is stuck..Damn..
No wonder my 140 is stuck..Damn..
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anyluck?
12-10 07:00 PM
Repenting that i miised the chance, and should have applied at that time.
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eb3retro
03-10 11:47 PM
I received the rfe details today..Here is my list of documents needed by uscis
1) updated properly completed form G-325A
2) employment letter from my new employer to prove that i am working on the same/similar job as my LC (since I did not submit AC21 documents), I need to do it now, since I changed my address and the letter mentions that I am not staying in the same state as of my original LC and now they require AC21 documents.
1) updated properly completed form G-325A
2) employment letter from my new employer to prove that i am working on the same/similar job as my LC (since I did not submit AC21 documents), I need to do it now, since I changed my address and the letter mentions that I am not staying in the same state as of my original LC and now they require AC21 documents.
more...
smmakani
04-14 02:39 PM
IV friends ,
Last week my lawyer has asked for copy of Driving License of me and my wife for filing the H1-B and H4 extension.
Then one of my friend told me that INS is asking for copy of the driving license for filing the h1-B extension.
My employer is supposed to file my 3 year Extension based on I-140 in Dec this year( Dec 2007) but my Licences expires on Sept 2008, So I will I be just getting the extension till Sept 2008 and Not 3 year extension.
Any Idea on that
I have already submitted my driving license to my lawyer.
Please Let me know because I was couting on that I will get 3 year extension this time :(
I never heard this before. I got the 3 year extension after 6 years but I never submitted copy of Driving License. I don't think the extension has anything to do with Driving license expiry date. The extension effective date starts from your previous H1B expiry date.
Last week my lawyer has asked for copy of Driving License of me and my wife for filing the H1-B and H4 extension.
Then one of my friend told me that INS is asking for copy of the driving license for filing the h1-B extension.
My employer is supposed to file my 3 year Extension based on I-140 in Dec this year( Dec 2007) but my Licences expires on Sept 2008, So I will I be just getting the extension till Sept 2008 and Not 3 year extension.
Any Idea on that
I have already submitted my driving license to my lawyer.
Please Let me know because I was couting on that I will get 3 year extension this time :(
I never heard this before. I got the 3 year extension after 6 years but I never submitted copy of Driving License. I don't think the extension has anything to do with Driving license expiry date. The extension effective date starts from your previous H1B expiry date.
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sunny1000
07-23 06:55 PM
What is RD?
It is the receipt date.
It is the receipt date.
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gc_on_demand
04-30 03:07 PM
... King is happy with the current numbers. "Don't take the risk to go over the caps" he says...
Why King is not understanding this is not over cap. These are unsed visa from past years.. Such a foolish politics.
Why King is not understanding this is not over cap. These are unsed visa from past years.. Such a foolish politics.
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RN_Usa
07-31 11:39 AM
i m Nurse on h4 and waiting to finish my Nclex exam fast. Lack of nclex certificate make us loss the chance for applying for imigration petition..
more...
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IN2US
07-09 06:20 PM
I live in Southbay 90503.
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rockstart
03-09 11:41 AM
Between July & August do you think it will cross 1.5 years taking all of 2006 & half of 2007 applications? Considering VdlRao's data which is 70K applications pending for 2006 I am not sure it will work thought I am still hopeful that 2005 will pass quickly since there are few PERM applications.
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NKR
04-02 08:26 AM
that might be your attitude. some people have a different opinion and dont like to bend over when circumstances try to screw them. If you pay for something and get a lemon you might be ok with living with it and moving on, saying its non-refundable. Many others dont share that view. They'll fight for a replacement, a fix, some solution to the problem.
If all you can do is bend over, then move on, you are wasting your time on IV.
Ouch, that got to hurt. Mr D.E.D. why are you inviting dard. why don't you just disco?.
If all you can do is bend over, then move on, you are wasting your time on IV.
Ouch, that got to hurt. Mr D.E.D. why are you inviting dard. why don't you just disco?.
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sushilup
07-11 08:28 AM
I agree with tnite
But the downside to this is that most EB2 July filers have (or will be) been renewing their EAD's in August/Sepetember and this bulleting will not let USCIS give out 2 yr EAD's and instead hand out 1 yr ones.
Just because your PD is current dosnt mean that USCIS will process your apps right away. There are folks whose PD was current under July bulletin and their apps haven't been touched based on some anecdotal evidence here..
But the Eb3 news is not good.
just my 2 cents
But the downside to this is that most EB2 July filers have (or will be) been renewing their EAD's in August/Sepetember and this bulleting will not let USCIS give out 2 yr EAD's and instead hand out 1 yr ones.
Just because your PD is current dosnt mean that USCIS will process your apps right away. There are folks whose PD was current under July bulletin and their apps haven't been touched based on some anecdotal evidence here..
But the Eb3 news is not good.
just my 2 cents
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honge_kamyaab
06-08 01:17 PM
Congratulations!!
Did you mean your PD is Mar'04. PERM since Jan'05. Am I wrong?
Is your labor RIR or non-RIR? Please let us know.
Did you mean your PD is Mar'04. PERM since Jan'05. Am I wrong?
Is your labor RIR or non-RIR? Please let us know.
ss1026
05-31 02:10 PM
Did get solved by Andrew Wiles in in the mid-nineties. To read about the history and drama behind this theorem, I suggest reading 'Fermat's Enigma' by Simon Singh. So I guess if that can be solved, PBEC could find a way out for all of us.
scorion
01-04 06:32 PM
I talked to my lawyer and she says I can travel without AP as long as H visa is stamped. I just found Press Release on same topic from USCIS. Here is the link
http://www.uscis.gov/files/pressrelease/HandLFinalRule110107.pdf
My wife is already in India; and I am going to follow her soon and we will be going to get our visa stamped.
I hope this reduces some frustration.
http://www.uscis.gov/files/pressrelease/HandLFinalRule110107.pdf
My wife is already in India; and I am going to follow her soon and we will be going to get our visa stamped.
I hope this reduces some frustration.
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